A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2011. 3. 10. 서울 강남구 율현동 108에 있는 ㈜윈윈모터스라는 중고자동차 판매소에서 B BMW 승용차를 매수하면서, 자동차 구입대금을 충당하기 위하여 피해자 현대캐피탈 주식회사 부산사무소로부터 중고차구입자금으로 3,600만 원을 대출받고, 같은 날 담보로 구입한 위 승용차에 저당권자 현대캐피탈 주식회사, 채권가액 3,600만 원으로 하는 근저당권설정등록을 하였으므로, 그 대출금 상환시까지 위 승용차를 담보목적에 맞게 보관하여야 할 임무가 발생하였다.

Nevertheless, on December 21, 2012, the Defendant violated the foregoing duties, and changed the vehicle number of the said vehicle to C on December 21, 2012, and around December 16, 2012, the Defendant received the amount of KRW 17 million in cash from a personal parking lot at the entrance of the Geum-gu Busan, Geum-gu, Busan, and sold the said vehicle, thereby obtaining pecuniary benefits of KRW 17 million from the victim and causing damage equivalent to KRW 36 million to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Application of a copy of payment order to statutes;

1. Article 355 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (including the fact that the Defendant has repaid part of the loans, the fact that the possessor of the instant vehicle appears to be able to recover the value of the collateral because it was clarified in the course of investigation, and the Defendant has no previous conviction